For C3 Wellness Spa, does the Manager select for employment all Non-Physician Medical Personnel?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
a Practice Expense at the rates agreed upon by Practice and Manager. Non-Medical Personnel, to the extent required for Practice to direct their duties, would be co-employed by Practice.
- (C) Practice and Manager may specifically agree in writing for certain Non-Medical Personnel providing any services for, on behalf of, or for the benefit of Practice to be directly employed by or contracted with Practice. Such Non-Medical Personnel would be employees or independent contractors employed or engaged by Practice, and the selection and terms of employment or engagement, including the rates of compensation, supervision, direction, training and assignment of duties would be determined and controlled by Practice.
- (ii) Except as otherwise provided in subsection (C), all Non-Physician Medical Personnel will be directly employed by Manager with Non-Physician Medical Personnel being leased to the Practice as follows:
- (A) Non-Physician Medical Personnel will be employees of Manager, and the cost of Manager, including but not limited to their salaries, benefits and associated payroll costs, will be borne by Manager and not passed on to Practice.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, the Manager generally selects Non-Physician Medical Personnel for employment. Specifically, the Manager may select for employment and terminate the employment of all Non-Physician Medical Personnel as the Manager deems necessary or advisable. The Manager is also responsible for the supervision, direction, training, and assigning of duties of all Non-Physician Medical Personnel, as well as determining their rates of compensation. This arrangement is part of the leasing of Non-Physician Medical Personnel to the Practice.
However, there is an exception to this general rule. The Practice and Manager can specifically agree in writing for certain Non-Physician Medical Personnel providing services to be directly employed by or contracted with the Practice. In such cases, the Practice, not the Manager, determines and controls the selection and terms of employment or engagement, including compensation, supervision, direction, training, and assignment of duties.
This means that while the Manager typically handles the employment and management of Non-Physician Medical Personnel, the Practice (likely the franchisee) has the option to directly employ or contract with specific personnel if both parties agree. This provides flexibility in staffing arrangements, allowing the franchisee to have more direct control over certain medical personnel if desired. Prospective franchisees should discuss with C3 Wellness Spa under which circumstances they would want to directly employ Non-Physician Medical Personnel.